7 Year Child Route Refusal: How to Appeal and What to Do Next

If a 7-year child route application is refused, the refusal is usually a refusal of a human rights claim, which carries a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber). For an in-country decision, the appeal must be lodged within 14 days of the decision being sent. Depending on why it was refused, a fresh application with stronger evidence may be the better option.

A refusal is stressful, but it is often not the end of the case. Many refusals rest on missing evidence or a weak reasonableness analysis that can be fixed. For the full route, see our 7-year child route guide.

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What is the success rate for 7 year child applications?

The Home Office does not publish a separate success rate for 7 year child applications. Success depends almost entirely on the strength of the evidence and how well the case is argued.

What consistently improves outcomes:

• Complete residence evidence covering every year
• A clear absence calculation showing no break in residence
• Independent evidence on the child's education, health and relationships
• A legal analysis that applies PL 3.1, section 117B(6) and KO (Nigeria) to the child's facts
• Linked, consistent applications for the parents

Be cautious of anyone quoting a precise success percentage for this route.

Why are 7 year child applications refused?

Most refusals fall into five groups: residence, reasonableness, suitability, validity and inconsistency.

• Continuous residence not proved: gaps in records or unexplained absences. Fix by filling gaps with GP, school and council records.
• Reasonable for the child to leave: generic letters and no country evidence. Fix with detailed professional evidence and legal analysis.
• Suitability: deception, criminality or unpaid debts. Explain, challenge or address the issue.
• Invalid application: wrong form, no fee or no biometrics. Make a new, valid application.
• Inconsistent information: travel dates or history that do not match. Correct and explain with documents.

See what strong evidence looks like on our documents checklist.

Do we have a right of appeal?

Usually yes. A refusal of a human rights claim made in the UK normally carries a right of appeal under section 82 of the Nationality, Immigration and Asylum Act 2002. The refusal letter will state whether you have appeal rights.

There is no right of appeal if:

• The application was rejected as invalid rather than refused
• The claim was certified as clearly unfounded
• The decision was not a refusal of a human rights claim

In those cases, judicial review may be the only route.

What is the deadline to appeal?

For an in-country decision, the appeal must be lodged within 14 days of the date the decision was sent. Late appeals can be accepted only with good reasons, so act immediately.

1. Read the refusal letter and note the date it was sent.
2. Lodge the appeal online with the First-tier Tribunal within 14 days.
3. Prepare an appeal bundle, witness statements and a skeleton argument.
4. Attend the hearing, where a judge decides the case afresh.

What can be argued on appeal?

The judge decides whether removing the child, or the family, would breach Article 8. The appeal is a full reconsideration based on the evidence at the hearing date.

• Whether the 7 years' residence is proved
• Whether it is reasonable to expect the child to leave
• The child's best interests under section 55
• Whether the parents meet section 117B(6)
• Whether removal would be proportionate overall

The reasonableness test is usually the central issue.

Can we stay in the UK during the appeal?

Yes, if the application was made in time while the child or parent held permission, section 3C leave continues while an in-time appeal is pending. Families without previous permission are usually not removed while an appeal is pending.

Should we appeal or make a fresh application?

Appeal where the Home Office got the law or the facts wrong. Make a fresh application where the refusal was caused by evidence you can now supply.

• Home Office misapplied the reasonableness test: appeal
• Home Office ignored evidence you provided: appeal
• Evidence was genuinely missing and is now available: fresh application
• Application was rejected as invalid: fresh, valid application
• Child is about to turn 18: take urgent advice, because timing matters

If the child turns 18 before a fresh application, the child route may close. In that case, an appeal keeping the original application date may protect them.

What if the appeal fails?

You can ask for permission to appeal to the Upper Tribunal, but only on an error of law. The deadline is short, and the grounds must show the judge made a legal mistake, not just a decision you disagree with.

Is administrative review available?

No. Administrative review does not apply to refusals of human rights claims. The challenge is by appeal or, where there is no appeal right, judicial review.

Has your 7-year child route application been refused?

A refusal of a 7-year child route application can be worrying, but you may have options to challenge the decision. Depending on the reasons for refusal and your circumstances, you may be able to appeal, request an administrative review or consider making a fresh application.

Speak to Moeen & Co. Solicitors for expert immigration advice. Call us today on 0203 959 7755 to discuss the refusal decision and understand your options for challenging it.

Frequently asked questions